On 18 February 2026 the Federal Circuit and Family Court of Australia delivered a landmark judgment in GKX18 v Minister for Immigration and Multicultural Affairs (No 5) [2026] FedCFamC2G 204.
The Court held that certain conditions attached to the applicant’s Bridging Visa R are constitutionally invalid. The Court held that "the categories of punishments that can only be imposed by the Chapter III courts are not necessarily confined to interference with life, limb or liberty (in the narrow sense). Other punishments, such as unreasonable restrictions on work, may also infringe Chapter III, even though there is no common law right to work.”
The applicant had argued that conditions placed on his visa by the Minister for Immigration and Multicultural Affairs deprived him of his liberty, were punitive, and exceeded the constitutional limits of the executive arm of government. The applicant argued that the executive has a very narrow remit to deprive a person of their liberty, and that no restriction on a person’s liberty can be executed by the executive pursuant to any executive prerogative or by statute if it does not facilitate the ends of deportation, trial, the execution of a court’s criminal sentence, or extradition. This is because any such other deprivation, whether it be custody or another restriction of liberty, is tantamount to executive punishment which violates Chapter III of the Constitution.
The Court agreed and declared that conditions 8622 and 8623, and the words “violence of” in condition 8624 in the Migration Regulations 1994 are invalid, infringing Chapter III of the Constitution. The Court held that those conditions were prima facie punitive, did not have a legitimate and non-punitive purpose and were excessive.
Madeleine Bridgett appeared for the applicant led by Quintin Rares and instructed by Alison Battisson.
The full judgment can be read here.
LegalWise Seminar - Family Law Conference on 22 November 2018
Michelle McMahon and Madeleine Bridgett will be presenting at the Legalwise Seminar - Family Law Conference on 22 Nov 2018.
Michelle McMahon is presenting on emerging family law issues in the LGBTIQ community and Madeleine Bridgett will be presenting on substance abuse in parenting matters.
Please click here for more information on the conference and how to register.
Inquest of the death of Melissa Standen
The NSW State Coroner delivered findings into the Inquest of the death of Melissa Standen on 25 September 2018. Madeleine Bridgett represented Mr Bruce Standen, Melissa’s father. The Coroner found that the manner of death was a fall from a bed at Allowah Hospital due to failures to implement proper systems for risk assessment, bed selection and the training of staff for a child patient with profound disabilities.
The Coroner found that the following factors contributed to Melissa falling from the bed and her subsequent death: failure by the hospital to develop and implement an appropriate risk assessment and admission procedure; failure to implement a proper risk assessment to manage Melissa’s change from a cot to a bed; the selection and use of a bed totally unsuited to the needs of Melissa; failure to properly adapt the bed selected to reduce risk given Melissa’s special needs and the inappropriate use of bumpers as a fall prevention device; failure to ensure important clinical information was retained regarding the adaption of the bed to ensure staff were fully informed of the specific needs of Melissa whilst a patient at the facility; inadequate training of staff and the lack of a proper process to respond to concerns by staff; the lack of involvement by the hospital of occupational therapists in the selection and use of appropriate beds for children with profound disabilities; and poor management practices relating to the development of internal policies and the training of staff regarding the admission and assessment of patients.
The Coroner also made recommendations to the Minister of Health to establish a group of appropriately qualified experts, in consultation with organisations that represent or care for children with physical and neurological disabilities, to develop a standard, guideline or other type of publication, which is directed to improving the safety of beds used by children with physical and/or neurological disabilities.
You can read the findings here and related media article here.
the human rights concerns of Real Bodies - The Exhibition
Counsel, Madeleine Bridgett discusses the serious human rights concerns of Real Bodies - The Exhibition and organ trafficking on FBI Radio.
To listen to the interview, please click on the recording below.
6 St James Hall counsel in Cambodian human rights case
Dr Christopher Ward SC welcomes the verdict of the Cambodian Supreme Court quashing the conviction of Queensland resident Yoshe Taylor for drug trafficking. Dr Ward is a member of the Australian legal team that has provided pro bono assistance to Ms Taylor and recently travelled to Cambodia to assist the appeal. Yoshe has spent almost five years in prison in Cambodia and the legal processes to secure her freedom now continue in light of her successful appeal.
World Law Forum - Modern Slavery
Madeleine Bridgett and Bronwyn Byrnes will be presenting at the World Law Forum Conference on Modern Slavery on 29 June 2018.
Please click here for further details and registration.